Patna High Court
Pramod Kumar ThakurversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The writ petition is dismissed as the earlier order already provides liberty to apply for the post when vacancies arise, and the court will not interfere.
Summary
The petitioner, Pramod Kumar Thakur, applied for the post of Driver in the Health Department of Madhepura and his claim was rejected by an order dated 22 July 2025 issued by the District Magistrate. He filed a writ petition seeking quashing of that order and a direction for his appointment. The State contended that the matter had already been addressed in earlier contempt proceedings, where a reasoned order granted the petitioner liberty to apply for the post when vacancies arise and suggested consideration of age relaxation. The court noted that this earlier order effectively settled the issue and that no vacancy existed to compel an appointment. Consequently, the court declined to interfere with the writ petition. The petition was therefore dismissed.
Issues considered
- Whether the writ petition challenging the District Magistrate's order can be entertained in view of the earlier order granting liberty to apply for the post.
- Whether the court can direct appointment to the driver post in the absence of a notified vacancy.
- Whether the pendency of contempt proceedings bars further relief in the writ petition.
Subjects
- appointment
- driver post
- health department
- writ petition
- contempt proceedings
- liberty to apply
- age relaxation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6812 of 2026
======================================================
Pramod Kumar Thakur Son of Sri Ram Sewak Thakur, resident of Mohalla
Laxmipur, Ward No. 8, P.S. and District Madhepura.
... ... Petitioner/s
Versus
1. The State of Bihar through Addl. Chief Secretary, Health Department, Govt.
of Bihar, Patna.
2. The Health Services, Health Department, Govt. of Bihar, Patna.
3. The Regional Deputy Director, Health Services, Koshi Division, Saharsa.
4. The District Magistrate, Madhepura.
5. The Civil Surgeon Cum Chief Medical Officer, Madhepura.
6. The Deputy Development Commissioner, Madhepura.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Uday Chand Prasad, Advocate
For the Respondent/s : Mr. Ramadhar Singh, GP-25
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 04-05-2026
Heard learned counsel appearing for the petitioner
and learned counsel appearing for the State.
2. Learned counsel for the petitioner submits that
the present writ petition has been filed for quashing of the order
contained in Memo No. 506 dated 22.07.2025 issued by the
District Magistrate, Madhepura, whereby the claim of the
Patna High Court CWJC No.6812 of 2026 dt.04-05-2026
2/3
petitioner for appointment to the post of Driver in the Health
Department, Madhepura, has been rejected. A further prayer has
been made for a direction to the respondent authorities to
appoint the petitioner to the said post.
3. Learned counsel appearing for the State submits
that the petitioner has earlier approached this Hon’ble Court and
the matter travelled up to the stage of contempt proceedings. It
is further submitted that a reasoned and speaking order has been
passed on the representation of the petitioner, which has been
brought on record as Annexure P/6 to the writ petition. The
operative portion of the order passed in the MJC reads as under:
“In the circumstances, this
application is disposed of with liberty to the
petitioner to apply for appointment to the post of
Driver as and when vacancies are notified. The
opposite parties may consider granting age
relaxation to the petitioner in accordance with
law.”
4. It transpires from the record that liberty has
already been granted to the petitioner to apply for appointment
to the post of Driver as and when vacancies are notified, and the
opposite parties have been permitted to consider grant of age
relaxation to the petitioner in accordance with law.
5. In view of the aforesaid observations made in
Patna High Court CWJC No.6812 of 2026 dt.04-05-2026
3/3
the contempt proceedings, this Court is not inclined to interfere
in the present writ petition.
6. Accordingly, the present writ petition stands
dismissed.
(Dr. Anshuman, J)
Ashwini/-
AFR/NAFR
CAV DATE NA
Uploading Date 05.05/2026
Transmission Date NA
Checking your session…